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Amendments To Laws Relating To Women PDF
Amendments To Laws Relating To Women PDF
Introduction
The need for a new law on sexual assault was felt as the present law
does not define and reflect the various kinds of sexual assault that women
are subjected to in our country. The Supreme Court in Sakshi vs. union of
India had recognized the inadequacies in the law relating to rape and had
suggested that the legislature should bring about the required changes.
The law commission had examined the entire law relating to rape and
sexual assault in IPC and suggested a complete overhauling of the law.
Bill, drafted by Ms Kirti Singh advocate and legal convener of AIDWA, is
based on 172nd report of the Law Commission to amend the laws relating to
sexual assault in Section 375, 376, 354 and 509 IPC and the relevant
sections of the Code of Criminal Procedure 1973 and the Indian Evidence Act
1872. The recommendations are based on the national consultation on the
issue organized by the national commission for women
1.
2.
This act will be called the Criminal Law Amendment Act 2006.
It extents to the whole of India except the State of Jammu and Kashmir.
II
1.
(c)
(d)
The introduction (to any extent) by a man of his penis, into the vagina
(which term shall include the labia majora), the anus or urethra or
mouth of any woman or child
the introduction to any extent by a man of an object or a part of the
body (other than the penis) into the vagina(which term shall include the
labia majora) or anus or urethra of a woman
the introduction to any extent by a person of an object or a part of the
body (other than the penis) into the vagina(which term shall include the
labia majora) or anus or urethra of a child.
manipulating any part of the body of a child so as to cause penetration
of the vagina (which term shall include labia majora) anus or the
urethra of the offender by any part of the child's body;
In circumstances falling under any of the six following descriptions:
Firstly
Fourthly With the complainant's consent, when the man knows that
he is not the husband of such complainant and that the
complainant's consent is given because the complainant
Sixthly
(2)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
II 4
The existing Sections 376 B, C & D will become Section 376 A, Section
376 B and Section 376 C. new provision in sec 376E
(a)
(b)
object, the body of any person, including the body of the person
who so invites, counsels or incites or the body of the minor.
Shall be punished with imprisonment of either description which may
extend to seven years and shall also be liable to fine.
II 6
II 7
Deletion of Section 377. Section 377, IPC shall be deleted and a new
Section 377 shall be inserted as under: --
"S.377.Any adult person who has sexual intercourse with another adult
person against the will and without the consent of the other adult
person shall be punishable by imprisonment of either description up to
seven years and with fine.
Explanation 1:Penetration is necessary to constitute an offence under
this section
Explanation 2: Penetration of the anus or mouth by the penis or
penetration by an object or part of the body into the anus or vagina is
necessary to constitute the sexual intercourse necessary for the offence
described in this section.
Explanation 3: No consent is obtained for the purpose of the above
section if it has been obtained by coercion or under undue influence or
if the person giving the consent suffers from intoxication or
unsoundness of mind or mistake as to the identity of the offender.
II 8
509.Word, gesture or act with a sexual purpose or with the intention to insult
a woman - Whoever, with a sexual purpose or with the intention to
insult any woman, utters any word, makes any sound or gesture, or
exhibits any object or a part of the body intending that such word or
New sections 509A and 509 B, IPC. - New sections 509 A and 509 B &
509C to be added in the IPC in the following terms.
509A (i) Whoever, with a sexual purpose utters any word, makes any sound
or gesture or exhibits any object or a part of the body intending that
such word or sound shall be heard or that such gesture or object
shall be seen by a minor, or
(ii)Whoever makes a minor witness any sexual activity,
Shall be punished with an imprisonment of either description for a term which
may extend to 5years but shall not be less than 3 years.
Explanation1." Minor " for the purpose of this section will be any person under
the age of sixteen years.
509B. Any person who stalks a woman with the intention to cause,(a) serious
harm or injury to that woman or a third person or (b) apprehension or
fear of serious harm or injury to that woman or to a third person shall be
punished with imprisonment of either description which may extend to 7
years or with fine or with both."
Explanation 1: For the purpose of this section a person shall be taken to stalk
a woman if, on at least 3 occasions, that person
(a)
(b)
(c)
(d)
(e)
(f)
(g)
offence under
II 10 New section 166A, IPC.- A new section 166A be introduced in the IPC
in the following terms :
166A.Whoever, being a public servant
(a)
(b)
III
III 1 Insertion of sub-sections (3) and (4) in section 160 of the code of
Criminal Procedure, 1973. The following two sub-sections be inserted
in section 160 of the code of Criminal Procedure:
(3)
(4)
III 2 Modification of the proviso to sub-section (1) of section 160. The age
mentioned in the proviso to sub-section (1) of section 160 should be
raised from fifteen years to sixteen years.
III 3 Substitution of the proviso to sub-section (1) of section 160. In
addition to the above modification, the proviso to sub-section (1) of
section 160 be substituted to read as follows:
Provided that no male person under the age of 16 years or woman shall
be required to attend at any place other than the place in which such male
III 4 Insertion of a new section, namely, section 164A in the code of Criminal
Procedure, 1973. The following section 164A be inserted in the code
of Criminal Procedure:
164A.(1) Where, during the stage when any offence under section 376,
Section 376A, section 376B, section 376D, is under investigation
and it is proposed to get the victim examined by a medical expert,
such examination shall be conducted by a registered medical
practitioner, with the consent of the complainant or of some person
competent to give such consent on his/her behalf. In all cases, the
complainant should be sent for such examination without any
delay.
Provided that if the complainant happens to be a female, the medical
examination shall be conducted by a female medical officer, as far as
possible.
(2)
(i)
(ii)
(iii)
(iv)
(v)
(3)
The report shall state precisely the reasons for each conclusion
arrived at.
(4)
(5)
(6)
III 5 Insertion of new sections 53A in the Code of Criminal Procedure The proposed section 53A shall read as follows:
53A.(1)
(2)
(3)
The report shall state precisely the reasons for each conclusion
arrived at.
(4)
Any statement made under sub section (a) by a young person under the
age of eighteen years who is a victim of sexual assault under Section
375, 376 or Section 509 shall, except in exceptional circumstances be
video taped.
Provided that where the evidence of a person below eighteen years who is
alleged to have been subjected to sexual assault or any other sexual offence,
is to be recorded, the court shall, take appropriate measures to ensure that
such person is not confronted by the accused. These measures may include
video taping the evidence of the complainant in a place to be decided by the
Court, or placing a screen between the complainant and the accused and
others. Provided further that the cross examination of a young person below
eighteen years shall be carried out by the court on questions put to it by the
accused or his counsel.
IV
Section 309 Crpc sub-section (1) of section 309 a proviso to be added that
provided that where the inquiry or the trial relates to an offence under section
376 to 376 E (both inclusive) of the IPC the judgment shall, as far as possible
be delivered within a period of 6 months from the date of commencement of
the trial